Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31219 of 2019 Applicant :- Pawan Kumar Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabhakar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Prabhakar Dubey, learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case due to election rivalry with the Gram Pradhan. He had distributed the commodities to card holders. After investigation charge sheet has been filed, therefore, there is no chance of tempering the witnesses. He is permanent residence of that place and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail. Except this case, there is no other case against him. He is languishing in jail since 25.7.2019 Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant- Pawan Kumar Pandey be released on bail in Case Crime No.45 of 2018 under section 3/7 The Essential Commodities Act, Police Station- Kotwali Bansi, District- Siddharth Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.8.2019 Ashutosh Pandey